Latest 491 Application dismissal citation made by mother.

Latest 491 Application dismissal citation made by mother.

----S. 491---Habeas corpus---Custody of minors---Scope---Applicant sought recovery of minors on the ground that about 15 to 20 days before the filing of petition respondent (father of minors) came to her house and removed the custody of minors on the pretext that he would take them to market for shopping---Respondent produced certificates issued by the Principal of school, in which minors studied, to the effect that they had been studying in the school for the last several months---Admission on the part of applicant that minors had been studying in the school where respondent resided was sufficient evidence to show that their custody was with the respondent when the applicant was allegedly compelled to leave the house---Respondent was the natural guardian of the minors, custody of minors with him could not be termed as illegal---Application was dismissed, in circumstances.

       Mst. Samina v. Ashfaque Hussain and another 2006 MLD 351 distinguished.

(b) Criminal Procedure Code (V of 1898)---

----S. 491---Habeas corpus---Custody of minors---Illegal custody---Scope---Essential consideration for invoking S. 491, Cr.P.C. is that the custody of minors with the second party is illegal or that the minors were illegally removed from the custody of the applicant.

2020 P Cr. L J Note 50

[Sindh (Hyderabad Bench)]

Before Zafar Ahmed Khan Rajput, J

Mst. ANAM KHANZADA---Applicant

Versus

DEPUTY INSPECTOR-GENERAL OF POLICE, HYDERABAD REGION, HYDERABAD and 6 others---Respondents